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The Legal Workshop 
Legal scholarship published in the print editions of the law reviews and law journals of the following law schools: University of Chicago, Stanford, New York University, Cornell, Duke, Georgetown, and Northwestern.
Post Frequency: 6.5/day Last Entry: April 21, 2017 at 06:21:46 Recent Entries: 222
By Law Students
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On eBay and Big Boy Letters
Posted on April 30, 2009Each day, hundreds of eBay members log on to the auction website and, with limited information and much risk, bid on items being sold “as is.” When consumers purchase an item “as is,” they agree…
Three Pictures of Contract: Duty, Power, and Compound Rule
Posted on April 27, 2009H.L.A. Hart, following others before him, draws our attention to the difference between duty-imposing and power-conferring rules. Duty-imposing rules require persons “to do or abstain from certain actions, whether they wish to or not.”1 The…
Choosing Interpretive Methods: A Positive Theory of Judges and Everyone Else
Posted on April 21, 2009Textualism is a “conservative” method of statutory interpretation, according to the conventional wisdom.1 William Eskridge calls it “antigovernmental”;2 Andrei Marmor calls it “neo-conservative” and antiregulatory...
Fiduciary Duties for Activist Shareholders
Posted on April 10, 2009Power in public corporations is dispersed among three key groups: shareholders; the board of directors; and the company’s executive officers, including its Chief Executive Officer (CEO). Each group has rights and privileges. Each also has…
Systemic Risk: Revisiting Theory from the Perspective of the ?Subprime? Financial Crisis
Posted on March 19, 2009My article argues that although banks and other financial institutions (collectively, “institutions”) are important sources of capital, and although a chain of bank failures remains an important symbol of systemic risk, the ongoing trend towards…
Not So Private Takings: A Response to Abraham Bell?s Private Takings
Posted on March 19, 2009Abraham Bell’s instructive article begins with his conscious decision to distance himself from the “popular firestorm” that greeted the Supreme Court’s 2005 decision in Kelo v New London.1 In so doing, however, he reveals a tin…
Private Takings
Posted on March 19, 2009The popular firestorm surrounding the Supreme Court’s recent ruling in Kelo v City of New London1 focused on public incomprehension that the government may simply take property from one private property owner and transfer it to…
Globalizing Commercial Litigation
Posted on March 19, 2009The world’s nations vary widely in the quality of their judicial systems. In some jurisdictions, the courts resolve commercial disputes quickly, fairly, and economically. In others, they’re slow, inefficient, incompetent, biased, or corrupt...
The Unconscionability Game: Strategic Judging and the Evolution of Federal Arbitration Law
Posted on March 18, 2009In a fairly short period of time, arbitration agreements have migrated beyond their traditional domains, such as commercial transactions between sophisticated business entities, and have come to pervade the contemporary economy. A typical consumer might…
The Case for a Constitutional Easement Approach to Permanent Monuments in Traditional Public Forums
Posted on March 17, 2009Imagine that you are mayor of a small town that has a picturesque public park, where your residents come to escape the hustle and bustle of everyday life. To make the space inviting, you have…
Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences
Posted on March 17, 2009This Article tells the story of how shifts in state sentencing policy collided with shifts in federal habeas policy to produce a tangled and costly doctrinal wreck. It also proposes a simple solution to the…
Privatization and the Law and Economics of Political Advocacy
Posted on March 17, 2009Over ninety years ago, opponents of World War I alleged that “munitions manufacturers frighten the popular mind with the fear of imaginary external enemies and inflame it with murderous patriotism.”1 According to a view attributed to…
Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07)
The following is the latest update from AILF regarding its pening ...
The Immigrant Legal Resource Center Legislative Forecast
The ILRC Forecast on Immigration ReformJudith Golub, Executive Dir...
The Christian Legal Society and "discrimation": Response to Susan
In response to Susan's post, I'm inclined to think that, yes, the ...
Stacy Scnheider Legal Commentator Apprentice
Catholic Legal Theory and life and death
Tom Berg’s question regarding the propriety or not of capital pu...
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Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
#1 Online Legal Resource
On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
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